Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 64.38

Costs

    (1)     The Court of Appeal may make any order for the whole or any part of the costs of an application or appeal as it thinks fit.

    (2)     A party may apply to the Court of Appeal for an order

        (a)     that the applicant or appellant give security for the costs of the application or appeal, and for the manner, time and terms for giving the security;

        (b)     that the application or appeal be stayed until security is given; and

        (c)     that, if the applicant or appellant fails to comply with the order to provide security within the time specified in the order, the application or appeal be dismissed.

    (3)     An application under paragraph (2) shall be made by filing and serving—

        (a)     an application in Form 64B;

        (b)     an affidavit setting out the facts in support of the application; and

        (c)     any other document required by any applicable practice direction to be filed at the time of commencing an application.

    (4)     An order that security be given for the costs of an application or appeal may be made on such terms as the Court of Appeal thinks fit.

    (5)     Without limiting the powers of the Court of Appeal, an order under paragraph (4) may make provision for any matter set out in paragraph (2), including that security be given by payment into court to the Senior Master or in any other form satisfactory to the Senior Master or Registrar, without further specification.

    (6)     An application or appeal is stayed if the applicant or appellant fails to comply with an order for security for costs, unless the Court of Appeal orders otherwise.



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